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COMPLAINT

Alisa A. Lipski (SBN 278710)
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
1221 McKinney, Ste. 3460
Houston, TX 77010
(713) 655-1101 Main
(713) 655-0062 Facsimile
alipski@azalaw.com Email

Attorney for Plaintiff


UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NEXUS DISPLAY TECHNOLOGIES
LLC.,
Plaintiff,
v.
BENQ AMERICA CORP. AND BENQ
CORP.,
Defendants.
Case No. 14-1118
NEXUS DISPLAY TECHNOLOGIES
LLCS COMPLAINT FOR PATENT
INFRINGEMENT



















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1

COMPLAINT

Plaintiff Nexus Display Technologies LLC (NDT or Plaintiff) hereby submits this
Complaint against Defendants BenQ America Corp. and BenQ Corp. (collectively BenQ or
Defendants) and states as follows:
THE PARTIES
1. NDT is a Texas limited liability company, having a principal place of business at
2400 Dallas Parkway, Suite 200, Plano, Texas 75093.
2. On information and belief, Defendant BenQ America Corp. is a corporation
organized and existing under the laws of California, having a principal place of business at 3200
Park Center Drive, Suite 150, Costa Mesa, California 92626.
3. On information and belief, Defendant BenQ Corp. is a corporation organized and
existing under the laws of Taiwan, having a principal place of business at 16 J ihu Road Neihu,
Taipei 114 Taiwan.
JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. 101 et
seq.
5. Venue is proper in this federal district pursuant to 28 U.S.C. 1391(b)(c) and
1400(b) in that Defendants have done business in this District, have committed acts of
infringement in this District, and continue to commit acts of infringement in this District, entitling
NDT to relief.
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,295,578
6. On November 13, 2007, the United States Patent and Trademark Office
(USPTO) duly and legally issued United States Patent No. 7,295,578 (the 578 Patent),
entitled Method And Apparatus For Synchronizing Auxiliary Data And Video Data Transmitted
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2

COMPLAINT

Over A TMDS-Like Link. NDT holds all rights, title, and interest in and to the 578 Patent.
BenQ is not licensed to the 578 Patent, yet BenQ knowingly, actively, and lucratively practices
the patents.
7. Upon information and belief, BenQ has infringed directly and continues to infringe
directly the 578 Patent. The infringing acts include, but are not limited to, the manufacture, use,
sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
the 578 Patent. BenQs infringing products include, but are not limited to, at least the BenQ XL,
BenQ BL, BenQ PG, BenQ IL, BenQ PH, and BenQ PL series of products.
8. The acts of infringement by BenQ have caused damage to NDT, and NDT is
entitled to recover from BenQ the damages sustained by NDT as a result of BenQs wrongful acts
in an amount subject to proof at trial. The infringement of NDTs exclusive rights under the 578
Patent by BenQ has damaged and will continue to damage NDT, causing irreparable harm, for
which there is no adequate remedy at law, unless enjoined by this Court.
9. At least as early as its receipt of this Complaint, BenQ has had knowledge of the
578 Patent and written notice of the infringement. NDT intends to seek discovery on the issue of
willfulness and reserves the right to seek a willfulness finding and increased damages under 35
U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C.
285.
COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,143,328
10. On November 28, 2006, the United States Patent and Trademark Office
(USPTO) duly and legally issued United States Patent No. 7,143,328 (the 328 Patent),
entitled Auxiliary Data Transmitted Within A Displays Serialized Data Stream. NDT holds all
rights, title, and interest in and to the 328 Patent. BenQ is not licensed to the 328 Patent, yet
BenQ knowingly, actively, and lucratively practices the patents.
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3

COMPLAINT

11. Upon information and belief, BenQ has infringed directly and continues to infringe
directly the 328 Patent. The infringing acts include, but are not limited to, the manufacture, use,
sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
the 328 Patent. BenQs infringing products include, but are not limited to, at least the BenQ XL,
BenQ BL, BenQ PG, BenQ IL, BenQ PH, and BenQ PL series of products.
12. The acts of infringement by BenQ have caused damage to NDT, and NDT is
entitled to recover from BenQ the damages sustained by NDT as a result of BenQs wrongful acts
in an amount subject to proof at trial. The infringement of NDTs exclusive rights under the 328
Patent by BenQ has damaged and will continue to damage NDT, causing irreparable harm, for
which there is no adequate remedy at law, unless enjoined by this Court.
13. At least as early as its receipt of this Complaint, BenQ has had knowledge of the
328 Patent and written notice of the infringement. NDT intends to seek discovery on the issue of
willfulness and reserves the right to seek a willfulness finding and increased damages under 35
U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C.
285.
COUNT III: INFRINGEMENT OF U.S. PATENT NO. 5,835,498
14. On November 10, 1998, the United States Patent and Trademark Office
(USPTO) duly and legally issued United States Patent No. 5,835,498 (the 498 Patent),
entitled System and Method For Sending Multiple Data Signals Over a Serial Link. NDT holds
all rights, title, and interest in and to the 498 Patent. BenQ is not licensed to the 498 Patent, yet
BenQ knowingly, actively, and lucratively practices the patents.
15. Upon information and belief, BenQ has infringed directly and continues to infringe
directly the 498 Patent. The infringing acts include, but are not limited to, the manufacture, use,
sale, importation, and/or offer for sale of products and/or methods encompassed by the claims of
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4

COMPLAINT

the 498 Patent. BenQs infringing products include, but are not limited to, at least the BenQ XL,
BenQ BL, BenQ PG, BenQ IL, BenQ PH, and BenQ PL series of products.
16. The acts of infringement by BenQ have caused damage to NDT, and NDT is
entitled to recover from BenQ the damages sustained by NDT as a result of BenQs wrongful acts
in an amount subject to proof at trial. The infringement of NDTs exclusive rights under the 498
Patent by BenQ has damaged and will continue to damage NDT, causing irreparable harm, for
which there is no adequate remedy at law, unless enjoined by this Court.
17. At least as early as its receipt of this Complaint, BenQ has had knowledge of the
498 Patent and written notice of the infringement. NDT intends to seek discovery on the issue of
willfulness and reserves the right to seek a willfulness finding and increased damages under 35
U.S.C. 284 and to attorneys fees and costs incurred in prosecuting this action under 35 U.S.C.
285.
JURY DEMAND
18. NDT hereby demands a trial by jury on all issues.
PRAYER FOR RELIEF
WHEREFORE, NDT requests entry of judgment in its favor and against BenQ as
follows:
a. A declaration that BenQ has infringed and is infringing the 578, 328, and 498
Patents;
b. An Order permanently enjoining BenQ, its officers, agents, employees, and those
acting in privity with it, from further direct and/or indirect infringement of the 578,
328, and 498 Patents;
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5

COMPLAINT

c. An award of damages to NDT arising out of BenQs infringement of the 578, 328,
and 498 Patents, including enhanced damages pursuant to 35 U.S.C. 284, together
with prejudgment and post-judgment interest, in an amount according to proof;
d. An award of attorneys fees pursuant to 35 U.S.C. 285 or as otherwise permitted by
law; and,
e. Granting NDT its costs and further relief as the Court may deem just and proper.

Dated: J uly 17, 2014 Respectfully submitted,

/s/ Alisa Lipski
Alisa A. Lipski
California Bar No. 278710
alipski@azalaw.com

AHMAD, ZAVITSANOS, ANAIPAKOS,
ALAVI & MENSING P.C.
1221 McKinney Street, Suite 3460
Houston, TX 77010
Telephone: 713-655-1101
Facsimile: 713-655-0062

ATTORNEY FOR PLAINTIFF NEXUS
DISPLAY TECHNOLOGIES LLC